A.G. Gancarski
The President of the Jacksonville City Council is weighing in on a controversial nominee for General Counsel.
And in doing so, he signals a showdown between the executive and legislative branches regarding the city’s prospective lead lawyer.
On Tuesday morning, Republican Ron Salem addressed the nomination of Randy DeFoor, a former Republican Council member who has met opposition from her former colleagues since Democratic Mayor Donna Deegan advanced the nomination last year.
Salem said that he expected the Deegan administration to sidestep the nomination process by appointing DeFoor as the Interim General Counsel this month, and to that end he is keeping the nomination on a normal cycle and setting it up for a vote Sept. 26.
“It has become clear to me that appointing DeFoor as the acting General Counsel effect of Oct. 1 is under serious consideration, if not already decided, after discussions with the Office of General Counsel including the present Acting General Counsel on Friday,” Salem said.
The President added that he believes “this places the General Counsel’s office in a situation where decisions could be made between Oct. 1 and when we receive the decision on Oct. 20, that could be challenged or reversed,” he said, referring to a request for a ruling on DeFoor’s eligibility to serve from the state Ethics Commission.
“Therefore, I want to provide the City Council the opportunity to express themselves prior to Oct. 1. If the nomination fails, the Mayor is then completely responsible for any decisions that are made.”
Mayor Deegan and the City Council both seek opinions from the Ethics Commission regarding whether DeFoor, who left the Council at the end of June, is legally able to be the city’s lead lawyer without a two-year cooling off period banning recent office holders from lobbying the Council.
Deegan contended last month that sexism and political retribution drove the Council’s reluctance to consider the nomination, which Deegan advanced as the appointed Qualifications Committee was reviewing potential candidates.
“The same forces who tried to sell JEA and are now actively working against Randy’s nomination, are putting pressure on our Council people. They’re using their typical playbook, dividing our community, scorched earth tactics, whisper campaigns, and outright lies that impugn Randy’s good character, false and frankly sexist accusations that Randy allegedly doesn’t have the right temperament to lead this office,” Deegan said.
Former General Counsel Jason Gabriel, who chaired the selection committee, wrote a memo outlining the Mayor’s Office position that DeFoor would be able to serve despite not having a two-year cooling off period after leaving elected office.
He argues the “post-office provisions of these specific rules ban or restrict lobbying on issues of policy, appropriations, or procurement, things which are not the province of the General Counsel and not relevant to the instant case.”
He also contends “both the express provisions of the State Constitution itself and Subsection 112.3121(12), explicitly carve out public officers from carrying out their duties of public office, define lobbying with activities that are irrelevant to the duties of the City General Counsel and principally carve out legal services and representation altogether.”
Furthermore, Gabriel argues that “because an employment position in the City’s central legal office (the Office of General Counsel) is: (1) within the same political subdivision as the City Council and the Mayor and (2) mandated to provide legal advice and representation (not any other advocacy or lobbying), the Council member cannot exploit special knowledge gained by virtue of the Council member’s former public office.”
Previous reporting outlines “concern” from Council President Salem that DeFoor can’t offer “advice” to the City Council for two years due to a lobbying ban, precedent established in a 2019 opinion from the same body governing how Downtown Investment Authority head Lori Boyer would interact with the City Council during her first two years in that role.
3 comments
MH/Duuuval
September 5, 2023 at 10:26 am
Interim appointments are right from the Trump playbook — and they worked for him.
Earl Pitts "The All Knowing, All Seeing, Ma-Ha Earlskiee" American
September 5, 2023 at 11:03 am
Good mornting Duvall,
This is one of those manufactured “non-story stories” in the above article.
Its very difficult for a Non-Professional to pick up on this type of journalism. That is why there is a job in this world for a man like me, Earl Pitts American.
So let me lay this in your ear:
Backstory:
Duvall Republican’s you lost everything by not taking my, Earl Pitts American’s, advice to ditch the dude and run your own “Hot MlLF” against Deegan like I told you to do.
Deegan’s side will also prevail in this fake media “showdown”.
Why you might ask?
1.) To make things still appear “fair” in Duvall.
2.) To run a follow-up “Glory for Deegan Article” for winning the fake showdown that never was.
3.) To rub salt in all Duvall Republican’s fresh “we lost to Deegan by ignoring Earl and thinking we knew best still open wounds.
The moral of the story:
Next time Listen To Earl.
EPA
Divided party
September 6, 2023 at 4:58 am
Here it goes: the city council is falling into Deegan’s playbook. I think Deegan appointed Ferarro and DeFoor, in order to further divide the Republican Party. The party was already divided because of the Mayor’s race. Daniel Davis with his mailers and TV ads against Al Ferraro, caused Deegan to win. Remember, Al Ferraro got 16% of the vote. He did not endorse Davis, so alot of that vote either went to Deegan and they did not vote at all. Now, the party is further divided because the city council would not confirm Al Ferraro to the Neighborhoods job. And to make things worse, they will not allow Randy DeFoor to become the General counsel. But, if Deegan continues with her push to destroy the Women of the Southland monument, she could be defeated in four years.
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